Arbitration
Deliberate Departure From Terms Of Contract May Tantamount To A Malafide Action By Arbitrator: Jharkhand High Court
The Jharkhand High Court has reiterated that the arbitrator derives authority from the contract and thus, the award passed by him in manifest disregard to the terms of the contract would be arbitrary in nature. The bench of Justice Anubha Rawat Choudhary remarked that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on the part...
Facilitation Council Has Exclusive Jurisdiction To Arbitrate Claims After The Supplier’s Registration Under The MSMED Act: Calcutta High Court
The Calcutta High Court has ruled that the date of execution of a contract between a buyer and a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is irrelevant for the application of the provisions of the said Act. The Facilitation Council would have exclusive jurisdiction to decide on the reference, and to take up the dispute/ refer the same...
Location Of Facilitation Council Under MSMED Act Would Remain The ‘Venue’ Of Arbitration When The Agreement Confers Jurisdiction On The Courts In A Different Place: Delhi High Court
The High Court of Delhi has held that the location of the Facilitation Council administering arbitration under Section 18 of the MSMED Act, 2006 would remain the ‘Venue’ of arbitration when the parties have conferred exclusive jurisdiction on a Court situated in a different place. The bench of Justices V. Kameshwar Rao and Anoop Jairam Bhambhani held that by virtue of the...
Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court
The Bombay High Court has ruled that though the scope for challenging the compensation awarded by the Arbitrator to the landowners under Section 3-G (5) of the National Highways Act, 1956 (NHA) is limited to the parameters provided under Section 34 of the Arbitration and Conciliation Act, 1996 (A & C Act), the same cannot be a ground to invoke the High Court’s writ jurisdiction...
Arbitral Tribunal’s Order Rejecting The Application For Impleadment Of Party Doesn’t Constitute An ‘Interim Award’: Delhi High Court
The Delhi High Court has reiterated that a party who is a non-signatory to the arbitration agreement, can be impleaded as a necessary party in the arbitration proceedings. The bench of Justices Najmi Waziri and Sudhir Kumar Jain further ruled that the Arbitral Tribunal’s order rejecting the application for impleadment of parties in the arbitral proceedings, does not constitute...
Arbitration Cases Monthly Round-Up: March 2023
High Courts Allahabad High Court: When Arbitration Clause Covers All The Disputes, Jurisdiction Can’t Be Limited To A Particular Dispute: Allahabad High CourtCase Title: Agra Development Authority Agra vs. M/s Baba Construction Pvt Ltd The High Court of Allahabad has held that when the arbitration clause covers all the disputes arising out of the contract within its ambit then...
Arbitration Cases Weekly Round-Up: March 26 To April 01, 2023
Allahabad High Court: When Arbitration Clause Covers All The Disputes, Jurisdiction Can’t Be Limited To A Particular Dispute: Allahabad High Court Case Title: Agra Development Authority Agra vs. M/s Baba Construction Pvt Ltd The High Court of Allahabad has held that when the arbitration clause covers all the disputes arising out of the contract within its ambit then the scope...
Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates
The Delhi High Court has reiterated that mere existence of an arbitration agreement or arbitration clause would not be sufficient to refer the parties to arbitration and that even in the presence of an arbitration agreement, the court may decline to refer the parties to arbitration if the dispute does not correlate to the said agreement. While dealing with a petition filed under...
When Arbitration Clause Covers All The Disputes, Jurisdiction Can’t Be Limited To A Particular Dispute: Allahabad High Court
The High Court of Allahabad has held that when the arbitration clause cover all the dispute arising out of the contract within its ambit then the scope of the arbitrator cannot be limited to decide only a particular dispute. The bench of Justices Prashant Kumar and Manoj Kumar Gupta held that all the disputes that have arisen before the appointment of the arbitrator can be referred to...
‘Updation Application’ Seeking To Change The Amount Of Counter-Claims In Arbitral Proceedings, Is An Application For ‘Amendment’: Delhi High Court
The Delhi High Court has ruled that where a party has filed an application seeking to update/revise its counter claims before the Arbitral Tribunal, intending to primarily alter/change the amount of the counter-claims, the said application was, in effect, an application for amendment of the counter-claims, even though it was termed as an ‘updation application’. The bench of Justice...
Weekly Update Of IBC Cases: 20 To 26 March 2023
Supreme Court IBC- Once Resolution Plan Is Approved, No Modifications Are Permissible: Supreme Court Case Title: SREI Multiple Asset Investment Trust Vision India Fund v Deccan Chronicle Marketeers & Ors. Citation: 2023 LiveLaw (SC) 231 The Supreme Court Bench comprising of Justice Ajay Rastogi and Justice Bela M. Trivedi, has held that the declaration made by the NCLT to...
Arbitrator Can’t Apply Principles Of Equity In Absence of Authorization of Parties: Bombay High Court
The Bombay High Court has reiterated that the doctrine of severability can apply to arbitral awards, so long as the objectionable part can be segregated. The Court added that if the award is partially set aside by applying the doctrine of severability, the same would not amount to modification or correction of the errors of the arbitrator. The bench of Justice Manish Pitale...